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AMMON v. McCLOSKEY

440 Pa.Super. 251 (1995)

655 A.2d 549

James I. AMMON, as assignee of Kurt R. Schussler and Kurt R. Schussler, in his own right v. Stephen P. McCLOSKEY, Esquire, Phillips and Faldowski and Erie Insurance Group. Appeal of Stephen P. McCLOSKEY, Esquire, Phillips and Faldowski. James I. AMMON, as assignee of Kurt R. Schussler and Kurt R. Schussler, in his own right v. Stephen P. McCLOSKEY, Esquire, Phillips and Faldowski and Erie Insurance Group. Appeal of James I. AMMON as assignee of Kurt R. Schussler.

Superior Court of Pennsylvania.

Filed January 10, 1995.

Reargument Denied March 21, 1995.

Attorney(s) appearing for the Case

Vincent J. Grogan, Pittsburgh, for Stephen P. McCloskey, Phillips and Faldowski.

Mark F. McKenna, Pittsburgh, for James I. Ammon.

Before WIEAND, OLSZEWSKI and KELLY, JJ.

WIEAND, Judge:

This is a complex action for legal malpractice in which the trial court, following trial without jury, found that defense counsel in the underlying, prior action had been negligent by waiving a defense of release. As a result of this negligence, a judgment in the amount of $222,000.60 had been entered against the client. Therefore, the court in the malpractice action returned a verdict in the amount of $222,000.60 in favor of the client's assignee,...

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